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Non-Resident Member of UK-Based LLPs Liable to Tax

A man who was not resident in the UK for tax purposes has failed to persuade the First-tier Tribunal (FTT) that he was not liable to pay Income Tax on the profits of three limited liability partnerships (LLPs) of which he was a member. The LLPs would...

VAT Assessment Was Made Out of Time, FTT Rules

The First-tier Tribunal (FTT) has allowed a company's appeal against a VAT assessment raised by HM Revenue and Customs (HMRC), finding that the assessment was made when it was countersigned by an HMRC officer and was thus made outside the statutory time...

Small Businesses Account for Majority of Tax Gap

HM Revenue and Customs (HMRC) have published statistics showing the tax gap – the difference between the amount of tax that should, in theory, be paid to HMRC and the amount actually paid. The statistics indicate that small businesses account for a...

Mini-Poppadoms Standard-Rated for VAT, UT Confirms

The Upper Tribunal (UT) has dismissed a snack food manufacturer's appeal against a decision that bags of mini-poppadoms it produced were standard-rated for VAT as the mini-poppadoms were made from potato and were similar to crisps. Part II, Group 1 of...

Restaurant Company Did Not Suppress Sales, FTT Rules

A restaurant company has partly succeeded in its appeal against VAT and Corporation Tax (CT) assessments and penalties raised by HM Revenue and Customs (HMRC), in a case which illustrates the importance of thorough record keeping. The company operated a...

Upper Tribunal Rules Doctor Was an Employee for Tax Purposes

The Upper Tribunal (UT) has concluded that a doctor who provided services to a hospital through a personal services company was an employee for tax purposes. The doctor had provided his services as a urologist to two hospitals through a company of which...

Court of Appeal Rules on 'Salaried Members' LLP Tax Case

The Court of Appeal has handed down its judgment in a case which clarifies how the test of whether members of a limited liability partnership (LLP) have significant influence over its affairs for the purpose of determining whether they are 'salaried...

CGT Relief Denied on Loan Exchanged for Shares

The Upper Tribunal (UT) has ruled that a taxpayer could not claim relief from Capital Gains Tax (CGT) on a loan to a company that had been discharged in exchange for new shares, because the loan was no longer 'outstanding' when the claim for relief was made....

Loan Losses Could Not Be Used Against Later Profits, FTT Rules

In a case which illustrates the likely approach courts and tribunals will take to anti-avoidance legislation, the First-tier Tribunal (FTT) has found that a holding company's non-trading loan relationship deficits could not be set off against its profits ...

Settlements Paid 'in Lieu of Penalties' Were Tax Deductible

It is a general rule that payments in the nature of penalties may not be deducted for the purpose of calculating taxable profits. The Court of Appeal recently considered whether the rule prevented payments made to consumers and consumer organisations in...
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